- A.Study In Pty Ltd (ABN 35 608 179 540) ("Agent") is an independent education consultancy that assists clients with information collection, document compilation, and applications for enrolment with Educational Providers, and facilitates access to registered Migration Agents for related migration services.
- B.The Agent is not a Registered Training Organisation (RTO), TAFE, or University, and does not deliver training, conduct assessments, or issue qualifications.
- C.The person identified as the Client on the execution page of this Agreement ("Client") wishes to engage the Agent on the terms set out in this Agreement.
- D.This Agreement sets out the terms and conditions governing the services provided by the Agent to the Client.
- E.By executing this Agreement, the Client agrees to be bound by all terms without exception.
2.1 Definitions
In this Agreement, the following terms have the meanings given below:
- Agent
- means Study In Pty Ltd (ABN 35 608 179 540) of Level 05, 222 Kings Way, South Melbourne VIC 3205.
- Agreement
- means this Client Service Agreement, including any schedules, annexures, and amendments.
- Application
- means the submission of documents required for the Client's enrolment with an Educational Provider or for visa processing.
- Assessor
- means a duly appointed person at an Educational Provider who evaluates the Client's Application.
- Business Day
- means a day on which banks are open for general business in Melbourne, Victoria, excluding Saturdays, Sundays, and public holidays.
- Client
- means the person identified as the Client on the execution page of this Agreement.
- Confidential Information
- means all information, data, fee structures, materials, reports, and any other information relating to the services provided under this Agreement or to either party's business or affairs, whether disclosed orally or in writing.
- Consultancy Fee
- means the portion of the Total Fee retained by the Agent as remuneration for its services.
- Cooling-Off Period
- means the period of ten (10) Business Days from the date of execution of this Agreement, during which the Client may withdraw under clause 10.
- Educational Provider
- means any Registered Training Organisation (RTO), TAFE, or University.
- Migration Agent
- means a person registered under Part 3 of the Migration Act 1958 (Cth) to provide immigration assistance, identified by a Migration Agent Registration Number (MARN).
- RPL
- means Recognition of Prior Learning — the process of assessing competency acquired through formal and informal learning.
- RTO
- means has the meaning given in section 3 of the National Vocational Education and Training Regulator Act 2011 (Cth).
- RTO Fee
- means the portion of the Total Fee remitted to the Educational Provider on the Client's behalf.
- Supporting Documents
- means all information and materials provided by the Client to support an Application.
- Total Fee
- means the combined Consultancy Fee and RTO Fee payable by the Client.
2.2 General Interpretation
In this Agreement, unless the context otherwise requires:
- references to legislation include any amendment, re-enactment, or replacement of that legislation and any statutory instruments made under it;
- words in the singular include the plural and vice versa;
- references to a party include that party's executors, administrators, legal personal representatives, successors, and permitted assigns;
- headings are for convenience only and do not affect interpretation;
- a reference to a dollar amount or "$" is a reference to Australian dollars;
- if the day on or by which something must be done is not a Business Day, it must be done on the next Business Day; and
- references to a body that ceases to exist or whose powers are transferred are references to the body that replaces it or that substantially succeeds to its powers or functions.
Each party acknowledges that it:
- enters into this Agreement voluntarily;
- has read and understands the terms of this Agreement;
- has had the opportunity to obtain independent legal advice before signing; and
- fully understands the nature and effect of this Agreement.
The Agent recommends that the Client seek independent legal advice before executing this Agreement.
- 4.1The Agent is an independent education consultancy that assists the Client in pursuing courses offered by Educational Providers. The Agent is not an RTO and does not deliver training, conduct assessments, or issue qualifications.
- 4.2The Agent assists the Client with information collection, document compilation, and Application submission to Educational Providers as detailed in clause 5.
- 4.3The Client acknowledges that Assessors at Educational Providers bear sole responsibility for evaluating Applications according to their institutional standards.
- 4.4This Agreement remains in force until the Agent receives and communicates the final decision from the Assessor regarding the Client's Application, unless earlier terminated under clause 11 or by mutual written agreement.
The Agent shall:
- 5.1Provide information regarding options and courses offered by multiple Educational Providers, including the provider's name, registration number, and ASQA regulatory status.
- 5.2Assist the Client with application forms, collect and collate information and materials, and submit Applications by prescribed dates.
- 5.3Correspond with and notify the Client of all material communications from Educational Providers relevant to the Client's application, enrolment, regulatory status, or qualification, including regulatory notices and ASQA correspondence.
- 5.4Before submitting any Application, provide the Client with written confirmation of the specific Educational Provider selected, including name, registration number, qualification code and title, and ASQA status. The Client must provide written confirmation (including by email) that they wish to proceed before the Agent submits the Application.
- 5.5Exercise reasonable care in selecting Educational Providers, including checking registration status on the ASQA National Register and disclosing any known regulatory conditions, sanctions, or pending actions.
- 5.6Where only one Educational Provider is available for the Client's chosen qualification, disclose this in writing before submission.
The Agent's services do NOT include:
- 5.7Career counselling, financial advice, legal representation, advocacy before regulatory bodies or courts, or any service not described in this clause 5. Additional services require written agreement and may attract additional fees.
- 5.8The Agent does not guarantee any particular outcome, including enrolment approval, qualification issuance, RPL success, visa grant, employment or income outcome, licensing or accreditation outcome, or recognition of a qualification by any employer, regulator, or government authority. The Agent's obligation is limited to performing services with due care and skill. This does not limit the Client's rights under the Australian Consumer Law where the Agent has made a specific representation about an outcome.
The Client agrees to:
- 6.1Provide accurate, complete, and truthful documents and information to the Agent, and warrants that all documents and information provided are true, accurate, and complete.
- 6.2Conduct all dealings with the Agent with honesty, integrity, and transparency, and not provide information known to be false, deceptive, or misleading.
- 6.3Cooperate with the Agent in a timely manner and provide all necessary documentation to enable the Agent to perform the Services.
- 6.4Notify the Agent promptly of any changes to their circumstances that may affect the Application.
- 6.5Pay all fees and charges in accordance with clause 8.
- 6.6Be liable for any information in Application documents that is fraudulent, misrepresentative, or dishonest.
The Agent agrees to:
- 7.1Provide the Services with due care and skill and in a timely manner.
- 7.2Verify documents provided by the Client for completeness and format (without warranting the authenticity of Client-provided information).
- 7.3Not withhold any material facts, information, or communications from an Educational Provider that are relevant to the Client's Application.
- 7.4Disclose any commissions, rebates, or other payments or benefits received from an Educational Provider in connection with the Client's Application.
- 7.5Conduct all dealings with the Client and Educational Providers with honesty, integrity, and transparency.
- 8.1Fees comprise two components: (a) the Consultancy Fee retained by the Agent; and (b) the RTO Fee remitted to the Educational Provider. Both components shall be disclosed before any payment is accepted. All invoices shall separately itemise the Consultancy Fee and the RTO Fee.
- 8.2No payment shall be accepted until the Client has signed this Agreement and received an itemised Tax Invoice.
- 8.3The Agent accepts payment by bank transfer, credit card, or other method agreed in writing. A tax invoice shall be provided for every payment.
- 8.4Instalment plans must be documented in writing and signed by both parties. Failure to meet instalment obligations may result in service suspension.
- 8.5Overdue payments (14+ days) will receive a written reminder. The Agent may suspend services but shall not charge interest or late fees.
- 8.6Where the Agent has remitted the RTO Fee and the Client reverses or initiates a chargeback on that payment, the Client remains liable to the Agent, limited to the amount actually remitted plus the Agent's reasonable, documented recovery costs (bank fees, merchant fees, and debt recovery costs).
- 8.7All fees referred to in this Agreement are exclusive of GST. Where a supply under this Agreement is subject to GST, the Client must pay an additional amount equal to the GST payable on that supply.
- 8.8The Agent shall maintain records of all payments received and remitted, and shall provide the Client with a statement of account upon written request.
- 9.1This clause applies additional refund terms to RPL Applications.
- 9.2A deposit is refundable only if: (a) the Client notifies the Agent in writing before the Application has been submitted to the Educational Provider for assessment, via Refund Request Form to accounts@studyin.com.au (the Agent may retain an administration fee not exceeding $150 AUD); or (b) an Assessor determines the Client is ineligible and the Client is entitled to a refund under the Australian Consumer Law.
- 9.3After submission, the Consultancy Fee may be non-refundable on the basis that core service obligations are complete. On dispute, the Agent shall provide a written statement of services performed and costs incurred. The RTO Fee is refunded per the Educational Provider's policy.
- 9.4Where the Client independently identifies and enrols directly with an Educational Provider without any prior introduction or assistance from the Agent, the Agent shall not charge a Consultancy Fee for that enrolment.
- 9.5Where the Agent has performed substantial services under clause 5 — including document preparation, Application compilation, or Educational Provider introduction — and the Client subsequently enrols directly with the same Educational Provider for the same qualification without the Agent completing the submission, the Consultancy Fee for services already performed remains payable, limited to the reasonable value of services actually performed. This clause applies only to the specific Educational Provider introduced by the Agent and the specific qualification for which services were rendered, and any dispute regarding value shall be resolved under clause 19.
- 10.1The Client may withdraw from this Agreement within the Cooling-Off Period by written notice to accounts@studyin.com.au.
- 10.2If the Client withdraws during the Cooling-Off Period: (a) the Agent shall refund the full Total Fee within seven Business Days; (b) the Agent shall cease all work; and (c) the Client shall return any Agent-provided materials.
- 10.3If the Agent has already submitted an Application before the Client exercises the Cooling-Off Period, the RTO Fee may be subject to the Educational Provider's refund policy. The Consultancy Fee shall be refunded in full regardless.
- 10.4After the Cooling-Off Period expires, refunds are governed by clauses 9 and 14 and by the Client's rights under the Australian Consumer Law.
11.1 Termination by Either Party
Either party may terminate this Agreement at any time by giving not less than five (5) Business Days' written notice to the other party, without limiting either party's other rights under this clause 11.
11.2 Termination by Agent for Cause
The Agent may terminate immediately by written notice upon: (a) material breach of the Client's obligations under clause 6; (b) provision of false or misleading information; (c) failure to provide requested documentation within reasonable timeframes; (d) breach of payment obligations; or (e) abusive, threatening, harassing, or unlawful conduct by the Client toward the Agent's staff, contractors, or Educational Providers.
11.3 Termination by Client for Cause
The Client may terminate by written notice upon: (a) exercising the Cooling-Off Period; (b) the Agent's material breach of clause 5 unremedied within 14 days of written notice; (c) the Agent's failure to respond within 14 Business Days; (d) the Educational Provider's registration being cancelled or suspended; or (e) the Agent's failure to provide fee or Educational Provider disclosures required under clause 8.
11.4 Consequences of Client Termination for Cause
Where the Client terminates under clause 11.3(b)–(e), the Consultancy Fee refund shall be reduced by the reasonable value of services already performed by the Agent, calculated on a pro-rata basis, and the Agent shall provide a written statement of services performed and their value. The RTO Fee is refunded per the Educational Provider's policy, and the Agent shall use reasonable endeavours to recover it.
11.5 Post-Termination
If Applications have been submitted before termination: (a) the Educational Provider continues processing per its own policies; (b) the Client becomes solely responsible for communications with the provider; and (c) refunds are governed by clause 9 and the provider's refund policy. Where Applications remain unsubmitted, the Agent may charge for services performed and cease work without further financial liability.
11.6 Document Retention
Upon termination, original hard-copy documents shall be returned within 30 Business Days of written request. The Agent may retain electronic copies for six (6) years for tax, regulatory, and record-keeping purposes, and shall thereafter securely destroy them and confirm this in writing upon request.
12.1 Nature of Services
The Agent's services are limited to those described in clause 5. The Agent does not conduct assessments, deliver training, or issue qualifications, and is not responsible for the academic or regulatory decisions of Educational Providers made within their own authority.
12.2 Mutual Limitation of Liability
To the maximum extent permitted by law, each party's total liability to the other under or in connection with this Agreement (whether in contract, tort, or otherwise) is limited to the Total Fee paid by the Client under this Agreement, except in respect of the indemnity in clause 12.4, the Client's payment obligations under clause 8, and liability that cannot lawfully be excluded or limited.
12.3 Consequential Loss
To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss, including loss of income, loss of employment opportunity, loss of anticipated savings, or emotional distress, except in respect of the indemnity in clause 12.4. This does not limit the Client's rights under the Australian Consumer Law.
12.4 RTO Insolvency / Regulatory Failure Indemnity
Where an Educational Provider to which the Agent has referred the Client (a) has its registration cancelled or suspended by ASQA or another regulator; (b) enters administration, receivership, liquidation, or otherwise ceases to trade; or (c) otherwise becomes unable to deliver the qualification for which the Client enrolled, and the Agent has complied with its obligations under clauses 5.5 and 14 (reasonable care in selection and notification), the Client shall indemnify and hold harmless the Agent, without limit as to amount, against:
- any RTO Fee remitted by the Agent to that Educational Provider on the Client's behalf that is not recovered from the Educational Provider, its external administrator or liquidator, a government tuition protection scheme, or any other source; and
- any claim, loss, or cost incurred by the Agent arising from a claim brought against the Agent by the Client, or by any person on the Client's behalf, to the extent that claim arises from that Educational Provider's failure rather than the Agent's own breach of this Agreement or failure to exercise due care and skill.
This indemnity survives termination of this Agreement and applies despite clause 12.2.
12.5 Australian Consumer Law
Nothing in this Agreement excludes, restricts, or modifies any right, remedy, guarantee, warranty, or other term or condition implied or imposed by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable legislation that cannot lawfully be excluded or limited.
- 13.1The Agent may facilitate access to migration services through a Migration Agent. Migration service fees are payable upfront to the Migration Agent and are separate from the Total Fee under this Agreement.
- 13.2Before any referral, the Agent shall provide the Client with the relevant Migration Agent's full name and current Migration Agent Registration Number (MARN), and confirmation that the Migration Agent is currently registered under Part 3 of the Migration Act 1958 (Cth).
- 13.3Neither the Agent nor any Migration Agent is responsible for visa refusals or decisions by the Department of Home Affairs. Migration service fees are non-refundable notwithstanding visa outcomes, subject to the Client's rights under the Australian Consumer Law.
- 13.4Migration services are subject to a separate Migration Services Agreement between the Client and the Migration Agent, which governs the terms, fees, and obligations specific to migration services. This Agreement does not replace or override that agreement.
- 14.1The Agent is not an RTO. Regulatory actions by ASQA concerning Educational Providers are beyond the Agent's direct control. The Agent exercises reasonable care in selecting Educational Providers but does not guarantee their ongoing regulatory standing.
- 14.2If regulatory action results in cancellation or suspension of an Educational Provider's registration after the Agent has submitted an Application, the Agent shall: (a) notify the Client within five Business Days; (b) provide all relevant correspondence; (c) assist the Client in understanding their options; and (d) facilitate re-enrolment at an alternative provider at no additional Consultancy Fee.
- 14.3Where registration is cancelled or suspended and the Client's qualification is affected, the Client is entitled to a full Consultancy Fee refund, and the Agent shall endeavour to recover the RTO Fee; where unrecoverable, the parties shall discuss fair allocation in good faith, subject to clause 12.4 and the Client's rights under the Australian Consumer Law.
- 14.4For re-enrolment, the Agent shall present at least two alternative providers where reasonably available and allow the Client to choose. This obligation applies for 14 days from notification and is limited to one re-enrolment per regulatory event.
- 15.1The Agent collects, uses, stores, and discloses personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
- 15.2The Client consents to the Agent sharing personal information with Educational Providers and, where applicable, Migration Agents, for the purpose of this Agreement. The Agent shall not disclose the Client's personal information to any other third party without the Client's prior written consent.
- 15.3The Client may access, correct, and request deletion of their personal information, subject to legal retention obligations. The Agent shall implement reasonable security measures.
This Agreement is governed by and must be construed in accordance with the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from those courts.
This Agreement may be executed in any number of counterparts, each of which is an original and all of which, taken together, constitute one instrument. Electronic execution (including by DocuSign, Adobe Sign, or an equivalent platform providing a tamper-evident audit trail) is valid and binding under the Electronic Transactions Act 1999 (Cth).
- 18.1Each party must keep the terms of this Agreement and all Confidential Information strictly confidential and must not disclose it to any third party without the prior written consent of the other party.
- 18.2A party may disclose Confidential Information without consent: (a) to its professional advisers, auditors, financiers, or bankers, on a confidential basis; (b) to its employees or officers who need to know the information to carry out their duties; or (c) as required by law, a court order, or a regulatory authority.
- 18.3This clause survives termination of this Agreement for six (6) years or the duration of the data retention period in clause 11.6, whichever is longer.
- 19.1If a dispute arises under or in connection with this Agreement, the party claiming the dispute must give written notice to the other party, setting out the nature of the dispute in reasonable detail.
- 19.2Within seven (7) calendar days of the notice being given, a representative of each party with authority to resolve the dispute must meet (in person or by video conference) and attempt in good faith to resolve the dispute.
- 19.3If the dispute is not resolved within fourteen (14) calendar days of the notice being given, either party may refer the dispute to mediation administered by the Resolution Institute (or such other body as the parties agree), with the costs of the mediator shared equally.
- 19.4Nothing in this clause limits either party's right to: (a) lodge a complaint with Consumer Affairs Victoria; (b) apply to VCAT; (c) exercise rights under the Australian Consumer Law; or (d) seek urgent injunctive or interlocutory relief from a court of competent jurisdiction.
This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior representations, agreements, statements, and understandings, whether oral or written. This Agreement may only be varied or amended by a written instrument signed by both parties. No party may rely on any representation, warranty, or undertaking by or on behalf of the other party that is not expressly set out in this Agreement. If any provision of this Agreement is held invalid, the remainder retains full force.
By signing this Agreement, the Client confirms ALL of the following:
- 21.1I understand that fees comprise a Consultancy Fee retained by the Agent and an RTO Fee remitted to the Educational Provider, with specific amounts set out in the Tax Invoice issued for each enrolment.
- 21.2I understand which fees are non-refundable and the circumstances under which fees are refundable (clauses 9, 10, 11, and 14).
- 21.3I have been presented with information about the Educational Provider and at least one alternative, or, where only one is available, the Agent has disclosed this limitation.
- 21.4I understand that the Agent is an independent consultancy and is not the Educational Provider, and does not deliver training, conduct assessments, or issue qualifications.
- 21.5I have chosen my Educational Provider and understand that registration status was verified at the time stated in my enrolment documentation, and that the Agent does not guarantee ongoing regulatory standing.
- 21.6I have been provided with the Educational Provider's refund policy.
- 21.7I understand that if my Educational Provider's registration is cancelled or it otherwise ceases to trade, my position and the Agent's obligations are governed by clauses 12.4 and 14, and I acknowledge and accept the indemnity given by me to the Agent under clause 12.4.
Complaints: If the Client has a complaint about the Agent's services, the Client can contact complaints@studyin.com.au or ceo@studyin.com.au.
| Responsibility | Agent | Educational Provider |
|---|---|---|
| Selecting the Educational Provider | Presents options | N/A |
| Choosing the Educational Provider | Assists with info | N/A — Client's decision |
| Collecting documents | YES | NO |
| Submitting application | YES | Receives application |
| Conducting assessment | NO | YES — sole responsibility |
| Issuing qualification | NO | YES — sole responsibility |
| Setting refund policy | Consultancy Fee refund | RTO Fee refund |
| ASQA compliance | NO — not an RTO | YES — sole responsibility |
| Regulatory standing | Checks at submission | Maintains registration |


